INSTRUMENTS OF INTERNATIONAL COMMERCIAL HARMONISATION IN ENGLAND AND WALES: How ‘International’ is International Commercial Law?

Wallace, Mary Joan (2013) INSTRUMENTS OF INTERNATIONAL COMMERCIAL HARMONISATION IN ENGLAND AND WALES: How ‘International’ is International Commercial Law? Doctoral thesis, University of East Anglia.

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Abstract

ABSTRACT
The object of this thesis was to establish whether a culture has developed in England and
Wales towards international instruments of commercial harmonisation. In doing so, the
thesis has examined the approach of five main institutions and groups, who represent the
structures and mechanisms responsible for the functioning and on-going development of
international commercial law, namely Universities; Practitioners; Cargo Owners, Freight
Forwarder and Carriers; the Judiciary and Government / Parliament. The interaction of these
institutions and groups with international commercial conventions, protocols and practices
was analysed and the research has shown that although these institutions and groups
generally display an outward sense of internationality, there is an underlying sense that
international commercial laws are used as a means of better fitting English law to the
transaction at hand, rather than as a means of applying another body of rules in preference to
the governing national law.
The research provides evidence that the approach of the institutions and groups to
international commercial instruments is informed by complex and frequently inter-related
factors, and that this generally results in a continued reliance on English law as the primary
law for cross-border commercial transactions. Whilst there is support for the process of
harmonising international commercial law, it is clear that the systems and processes for
putting such laws into practice are at best incomplete.
The research provides significant new data as to the current attitudes and approaches to
international commercial instruments that are held by some of the main commercial sectors
in England and Wales. The thesis further documents how these attitudes and approaches
have been informed and this may help support a platform from which the use and
implementation of harmonised commercial laws in England and Wales may be better enabled
in the future.

Item Type: Thesis (Doctoral)
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: Mia Reeves
Date Deposited: 06 Mar 2014 11:50
Last Modified: 06 Mar 2014 11:50
URI: https://ueaeprints.uea.ac.uk/id/eprint/47955
DOI:

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